We’ve got another case of copyright infringement lawsuit on our hands. This time its Marc Jacobs taking Christian Audigier’s Nervous Tattoo Inc. (responsible for the Ed Hardy label) to task for trade dress and trademark infringement.
Marc Jacobs claims its Pretty Nylon Tate Tote looks an awful lot like this Christian Audigier Koi tote. The lawsuit states that the “size, shape, color or color combination, product design, texture, and selection and arrangement of materials and accessories” used on this imposter make up the Pretty Nylon Tate Tote’s trade dress. It also violates the pending application for Marc Jacob’s scrambled trademark, which is featured on the Pretty Nylon Tate Tote’s lining.
Personally, I have to agree. Christian Audigier hasn’t even tried to be original here. The brand names may be different, but they’re quilted in exactly the same font. Then there’s the same knot-tied shoulder straps, the matching side pockets … even the dimensions are identical.
Let this be a lesson to you Christian Audigier. You can’t just whack a koi carp onto a bag and claim it’s something new.
